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MARTIN v. MARCIANO 871 A.2d 911 (R.I. 2005) . Case Brief. MARTIN v. MARCIANO. PURPOSE: Liability of landowners for acts of third parties . MARTIN v. MARCIANO. CAUSE OF ACTION: Battery, suing for personal injuries. . MARTIN v. MARCIANO.

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martin v marciano 871 a 2d 911 r i 2005

MARTIN v. MARCIANO871 A.2d 911 (R.I. 2005)

Case Brief

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.

martin v marciano
MARTIN v. MARCIANO
  • PURPOSE: Liability of landowners for acts of third parties.

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.

martin v marciano3
MARTIN v. MARCIANO
  • CAUSE OF ACTION: Battery, suing for personal injuries.

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.

martin v marciano4
MARTIN v. MARCIANO
  • FACTS: A mother held a graduation party for her daughter at her home. Even though most of the approximately seventy attendees were underage, there were two kegs of beer and other alcoholic beverages available. Martin was hit in the head with a baseball bat that Okere had been holding and that Marciano had supplied. Martin sued the mother, Okere, and Marciano for his head injuries. Trial court granted summary judgment to landowner.

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.

martin v marciano5
MARTIN v. MARCIANO
  • ISSUE: Whether the landowner (the mother) had a duty to protect against harm from third parties.

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.

martin v marciano6
MARTIN v. MARCIANO
  • HOLDING: Yes. “In the context of this case, we hold that the defendant had a duty to protect her guests from unreasonable harm by other guests and third persons.”

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.

martin v marciano7
MARTIN v. MARCIANO
  • REASONING: Generally, a landowner has no duty to protect a guest from harm inflicted by a third party; however, a duty arises where, as here, the landowner hosts a large party and supplies alcohol to minors. The court incorrectly granted summary judgment in favor of the parent landowner. Questions remain whether the duty was breached and whether Okere’s actions broke the causal connection between Martin and the parent landowner.

Copyright 2007 Thomson Delmar Learning.

All Rights Reserved.